No need for a will?
Think again. Even if you’re married, not everything automatically goes to your spouse.
Many Quebecers mistakenly believe that if they die without a will, their assets will automatically go to their husband or wife.
That’s false. In the absence of a will, the rules of the **Civil Code of Québec** apply — and they don’t always favor your spouse, even if you’re legally married. And if you’re in a common-law relationship, the situation is even more problematic.
1. Without a will, the law decides for you
When you die without a will, you are considered to have died “intestate.” The **Civil Code of Québec** then establishes an automatic succession process, according to a specific order of kinship. And contrary to popular belief:
➡️ The married spouse does **not** receive everything.
Example (married, 2 children, no will):
Consequence:
Your spouse could end up co-owning the house with your minor children.
She would need authorization from the Public Curator for any transaction.
And if she can’t afford to buy out their share? She could be forced to sell.
2. If you’re in a common-law relationship: even worse
In Quebec, common-law partners have no automatic inheritance rights.
Even after 10, 20, or 30 years of living together, your partner will have no legal right to anything if you die without a will:
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nor to your property;
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nor to the house, even if they live in it;
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nor to your RRSPs or non-registered investments, unless named as a beneficiary.
Only your children or your parents will inherit according to the law.
Your common-law spouse could therefore be literally disinherited.
Making a will allows you to:
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decide who inherits what, according to your wishes;
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ensure the financial stability of your spouse, especially if he or she depends on your income;
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avoid conflicts between children, ex-spouses, parents, and your current partner;
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appoint a trusted liquidator (executor);
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include protection clauses (e.g., a trust for minor children or children from a previous relationship).
A will is also revocable and can be modified. It evolves with you through different life stages: marriage, children, divorce, retirement, etc.
When there is no will:
- the settlement of the estate often takes longer (waiting for court rulings, approval from the Public Curator, family disputes);
- additional legal fees apply (appointment of an executor, court authorizations, lawyers, notaries);
- decisions are stalled if the heirs cannot agree.
A notarial will, on the other hand, takes effect immediately upon death, without court validation.
It simplifies, speeds up, and secures the process for your loved ones.
Even if you don’t have a large fortune, you have:
Without a will, these assets can be:
A will isn’t a luxury reserved for the rich or the elderly.
It’s an act of responsibility, love, and foresight.
Even if you’re married, without a will your spouse may not inherit everything, could be forced to sell the house, or might have to fight for your assets.
And if you’re in a common-law relationship, legally, they’ll get nothing at all.
Don’t let the law decide for you. Take control—write your will.
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Civil Code of Québec, articles 653 to 689
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Éducaloi, *Dying Without a Will*
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Chambre des notaires du Québec, *The Importance of a Will*
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Public Curator of Québec, *Settling an Estate Without a Will*
